Category Archives: CARP

The interest of the Republic, for whom the OSG speaks, has been amply protected through the direct action of petitioner LBP – the government instrumentality created by law to provide timely and adequate financial support in all phases involved in the execution of needed agrarian reform.

The OSG’s Intervention           The interest of the Republic, for whom the OSG speaks, has been amply protected through the direct action of petitioner LBP – the government instrumentality created by law to provide timely and adequate financial support in … Continue reading

Posted in Agrarian Reform, CARP, Land Bank, LBP, OSG | Tagged | Leave a comment

Interest payments borne by government, not by farmers-beneficiaries

Interest payments borne by government, not by farmers-beneficiaries  Nor do we find any merit in the LBP’s assertion that the large amount of just compensation that we awarded the petitioners, together with the amount of interest due, would necessarily result … Continue reading

Posted in CARP, DAR, Land Bank, LBP | Tagged | Leave a comment

Expropriation for agrarian reform requires the payment of just compensation

Expropriation for agrarian reform requires the payment of  just compensation The LBP claims that the just compensation in this case should be determined within the context of the article on social justice found in the 1987 Constitution. In the LBP’s … Continue reading

Posted in Agrarian Reform, CARP, DAR, Definitions, Expropriation, Land Bank, Statutory Construction | Tagged | Leave a comment

The LBP’s valuation of lands covered by CARL is considered only as an initial determination, which is not conclusive, as it is the RTC, sitting as a Special Agrarian Court, that should make the final determination of just compensation

Under Section 1 of Executive Order No. 405, series of 1990, petitioner LBP is charged with the initial responsibility of determining the value of lands placed under land reform and the just compensation to be paid for their taking. Through … Continue reading

Posted in CARP, Land Bank, SAC | Tagged | Leave a comment

The doctrine of primary jurisdiction does not allow a court to arrogate unto itself authority to resolve a controversy, the jurisdiction over which is initially lodged with an administrative body of special competence.[

Petitioners Cesar Caguin, Cleofas Vitor, Teresita Vitor, Jose Levitico Dalay, Marcelo Dalay, Esperanza Mario, Celestina Cosico, Ma. Ruth Pacurib, and Raquel San Juan, through the Legal Assistance Division of the DAR, claim that findings of fact of the DARAB should … Continue reading

Posted in CARP, DAR, DARAB, Jurisdiction, Primary Jurisdiction | Tagged | Leave a comment

The DARAB has jurisdiction over cases involving the issuance, correction and cancellation of CLOAs which were registered with the LRA. However, for the DARAB to have jurisdiction in such cases, they must relate to an agrarian dispute between landowner and tenants to whom CLOAs have been issued by the DAR Secretary

Verily, our ruling in Heirs of Julian dela Cruz v. Heirs of Alberto Cruz[17]is instructive:   The Court agrees with the petitioners’ contention that, under Section 2(f), Rule II of the DARAB Rules of Procedure, the DARAB has jurisdiction over … Continue reading

Posted in CARP, DAR, DARAB | Tagged | Leave a comment

Once an expropriation proceeding for the acquisition of private agricultural lands is commenced by the DAR, the indispensable role of LBP begins, which clearly shows that there would never be a judicial determination of just compensation absent respondent LBP’s participation

We stated in Heirs of Roque F. Tabuena v. Land Bank of the Philippines22 that “once an expropriation proceeding for the acquisition of private agricultural lands is commenced by the DAR, the indispensable role of LBP begins.”23 In Heirs of … Continue reading

Posted in CARP, DAR, Land Bank | Tagged | Leave a comment